The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-11-27
A NARROW CONVICTION.
POLICEMAN BEVELL GUILTY OF AS
sAULT AND BATTERY.
Recommended by the Jury TO the Mercy
of the Court-His Honor Defines IN
der What circumstances Policemen
May Resort TO Clubs.

At $50 o'clock yesterday afternoon the
criminal court jury, to whom was inirustcd
the case Of Policeman Bcvcll, Tor striking
Mr. RIA. Owens drummer. returned
their verdict US follows I'VE, the jury,
find the defendant guilty Of assault and
battery, and recommend him to the mercy
OF the court" Neither oi the defendant
attorneys were in court at the time, and
further action was deferred until Monday
morning, Bcycll in the meantime remain
ing under bond. II is understood that in
case the punishment assessed is heavy, a
motion for new trial will be- made; other
wise the matter will be allowed 10 end.
Thus practically terminates another ease
which could and should have been settled
in u magistrates court ut all expense not
exceeding $50, at the highest iigup, ~ the
officer would no doubt haycplcadcd guilty
and received his punishment under the
small o0cnse law. As il is, the county
aud parties Interested arr out Of pocket
fully 500.
As IL is the first ease Of the kind TO come
before the higher courts, the judge
charge, embracing MS il does definition o
policcmcn's club privileges, will not he un
Interesting. II is as follows
ruE JupGE's CHARGE.
The defendant Is changed with the crime Of ~
/ snult with intent ~ commit voluntary nun
] slaughter The Indictment la contemplation ~
/ law, embraces the pncusCs ~ assault aud batter,
| In order to sustain conviction for the prnciin
oncnsc in the indictment the pr1ut must sliuu
that the Hs,auli alleged 81 have hrcu made hy 10,
defendant on The I'vruu ~ the prosecutor Wis al
such character. aud uaar under such cirum'
| PENDANT would b. guilty ui voluntary man
] slaughter
I ~ o. what act would amount 10 voluntary man
] slaughter
Mansiiugicr g. defined by our rode 70 ~ the m
| lawful killing OF nnuihCr without umli''', rlhrl
| expires CT implied. which mpN o. either voluntary
/ upon sudden heat or involuntary but Ia ~,
| commission ui stge unlawful set
| u l. the former 81 these uilcusgr We have n9lv
/ 10 deal with, aud not the latter II one muu MI
| another upon sudden heat produced ly adequate
| prutufutiun us u upon sudden quarrel iNu NET
light aud one Kills the other. this =, voluntary
/ mnuslnuphtUr Tho law u-arls u sufficient ptutu
rutiun " 10 excite the tltFlun, aud The nt ~ Mt
| ing IN such event will d. imputed a. W heat 81
hloud ~ passion rather ihnn mnlirr, y
| the killing then uiHlirr g. not urv'ssitl rrinru
IT this uflcn.c, and yuu nru uui rglu'n'l To- 'lr
| tcuninc whether The defendant nr,vl iuih mhlio
l Tho un. noe. however. is something mufv thiu
common assault while ~ contains ~ the ncrtssir'
/ ingredients NJ such an Hs-Huit % :. necessary &
/ constitute this on.n-s aud a. make uui q go
/ against the defendant in the hnEtngr ~ The iu
dirimrut that at the tine 10 q alleged be- assaults
I the prosecutor De- intended tu strike him MORA
/ blow. aud with the Weapon De- then held lu hl
I hand tssrsscd the requisite nyuus II sfrrtNir Dbl
| purpusc. you must thUu determine. iuiu Hll ih
/ inrts and Circumstance, ns shown irin ihc pitn
Boo this vfss. what Wa the luinut ~ lufpgc ul To-
/ DEF udHnt MHs 10 a. take the Vie ui The pfusi
| cutuT nui was the puliumnns baton turl
| weapon iu The hHuds vt au'guiuut hs wac tnlril
| lntsl tn produce death. ustd iu thr manner luuI
| rniul by thcwtnc.cs' you DR.. thus satisfied d.
/ ynnd reasonable doubt. That such Wns biz iuicni
| aud the weapon used WnT Fuiirivni io thu7
| the death oi the prosecutor. then your Yer
dIri will hcruilty AZ 20 uatult it intent u rum
| NIT voluntary mnuklat Fhirr. Hui u you 90
7 not thus satisfied ui dUi,uiluIs guilt biuul
rrh-,nnhc doubt, upon gnnld. ihlnn oi nu W.
puuui ln the rlsc, your verdict VIII &c. not SUN
o. g. that utnuan. Aud then consider whether ln
o. guilty ~ not guilty ~ an usIui ~ hil n.'nNl
aud battery ~ assault g. defined 10 hr Hn ~
a. another. u j. urain defined a. De- uu luirnipun
attempt by violence 90 DO nu Injury a. another
The attempt mus. uc lul'nipnals lni " ~ nh
collected, Notwithstanding nrIFamno~ a. tl
A ruutufy. that them l. hot prHrut uuftusr a. I'D
I injury thr0 ls uuutsuult Thu. u The drIrudln
had laid hIH hand upon hl. baton sud uld 10 ih
! rfusccutnr "lf w. VEN not in the prFrnuc ui d
many people I would knock yuu down. ihn
would bot hc 90 assault. hurausc TIE Wurl. utptil
thc action and ink' away ihc ldcn 81 on in'rhiin
] g. strike iut 10. after LAYING biz hand uIuu hi
lai0u be- had made On attempt iu commit, tiulcuu
| on the psfsuu ui thg prosecutor by striking hln
herewith. be- would b. guilty Of nn n'nuli
II the prUui shows that tho defendant. after pul
ting bis hand upon his baton. uiiseil u and thtr
| with strIyh the prosecutor De- would hc guilty ui
laiicry. No woris will lu.uiy an n's1u'i ~ hHl
battery. Ana even heating muit h. loo onr't OW
doicnse and pnpfoulouaic IA the luluD piicnf
otherwise the defendant himHcli bcronu the ~
rrus-ur
IN this ,nsc tlnt be- Wa ~ The time 81 The hllcgO
| assault upon The prosecutor police ufhorf NJ ti
| Taxing district ui shelby county engaged M "a
execution Ut he official duties and that the 0ipus
ior which be il b.lug tried Wus committed ln th
Thr count charges You that n you end ffom N
evidence that this rlcn Z, tue. ihni " would w.
good doienac to The charge in the indcimcn
divided however. Tho defendant usrd nu rrli'
! iofrr ur violence nt The iiur than was urussuy '
tbr pfoucf discharge II biz duties ns such oncr
~ The pru1i shows that ou tlr day ~ tlC pn~dUi
tIal reception ~ the city ~ Memphis iht driCndaf
Wa stationed near The d0ur whcro tnuplr wei
a.rectcd ~ cutter 10 order 10 zee the President nn
wife. who WcrU 10 a noon IN tNc Cotton Ul
change building and that defendants dat
Wa ~ keep the crowd 81 people w oriirr aud ifui
pressing TOO heavily one against The oihe
, that no might 90 ~ With necessary dcgrc ~ urf
/ fort under the circumstance aud the prsrtutu
with great many uthcrs, were pressing IN N
roon iof the purpoae 81 se'inR the President nn
III vile aud the defendant uflrfei him IA "a
| ttitluv and Keep quiet aud the defendant aid !
aid not come thrfu ~ insult the policeman, On
that be would talk II u suited his pugnsr ni
Inc defendant thcfoup0n struck him blow VII
his p1liccmhn's baton on the head, The deicndai
would not h. Justified therein, aud NJ least Noul
, h. guilty 0f al assault and battery In NJ doing.
the prod shows that the prosecutor wa Al TIE TN
, ! dis0rderly or attempting "a COMMIT hfynch
the poacc. Il would have gccn The puty ~ We ~
isndnnt ~ arrest him. and IN ~ doing US hll nc
: ossafy force but not 20 waniouly strike HIN
The defendant. as police Ufcef IN the III
ehaue ~ bis duties. eau Tee uO Enatcf iufl
, ! OF Violence thau Il uggCts1Iy ~ the ialf Ckgg